Vivek Kumar

In a landmark judgment, the Division Bench of the Delhi High Court has laid down a higher legal threshold to be applied for establishing a prima facie case of patent infringement in a quia timet action involving yet-to-be-launched products. While permitting Zydus to sell a biosimilar version of anti-cancer drug Nivolumab in India, in the…

Flipkart, Haldiram, Sandisk, Jockey, Vistara, Puma, Aditya Birla, Samsung, HP and Amul are brands that are literally household names even among households that may not have their customers yet. These are what are known as “well known trademarks” under Trademark law.       In this article, we will be discussing what is meant by such a status,…

Case name: Royal County Of Berkshire Polo Club Ltd & Ors Versus Lifestyle Equities C V & Ors (Neutral citation: 2023: DHC: 6156-DB) Background Lifestyle Equities, owner of the Beverly Hills Polo Club (BHPC) trademarks, had filed a commercial suit against Royal County of Berkshire Polo Club in the Delhi High Court in 2019, challenging the…

In a significant development, the Hon’ble Delhi High Court has recently issued an injunction against the Defendant –Wow Momo Foods Private Limited, holding that the Defendant’s mark prima facie infringed the Plaintiff’s mark. Before discussing the dispute underlying the case, it’s important to take a glance at the respective marks of both the parties: The…

The case of design infringement before Delhi High Court was with respect to the contesting designs of the handi by the Plaintiff and the Defendant as shown below: The Court held this to be a clear case of design piracy and observed that the Defendant’s design was an obvious imitation of the Plaintiff’s design. It…